A “bundle of rights” controlled by the owner Distribute the work Reproduce the work Display the work Perform the work Create derivative works
A legal principle that defines the limitations on exclusive rights of copyright holders that applies to only non-profit educational institutions and homebound instruction
The copy is used in a non-profit educational institution or is with homebound students. The copy is used in face-to-face instruction. The copy is used in support of curriculum objectives. The copy is legally obtained. What Conditions Must I Meet to Claim Fair Use?
Fair Use Factor #1 The purpose and character of use - including whether such use is of a commercial nature or is for nonprofit educational purposes, criticism, comment, news reporting, teaching, scholarship, or research Fair Use Factor #2 The nature of the copyrighted work - is it intended for educational use? Nonfiction materials are easier to claim than creative works while creative works are less likely to be eligible for fair use. Fair Use Factor #3 The amount and substantiality of the portion used in relation to the copyrighted work as a whole - varies with original format but copying an entire work is rarely fair use Fair Use Factor #4 The effect of the use upon the potential market for or value of the copyrighted work Can you pass the Fair Use Test?
A teacher copies an article out of a journal, several excerpts out of an anthology, and an entire 30-page short story to create her own booklet of reading materials for her students. She gives a full citation for each resource at the end of the booklet.
Creating a course pack in this manner is overstepping the provisions of fair use. One article out of a journal or newspaper is probably acceptable, several excerpts out of an anthology is questionable depending on the amount, but the entire 30-page story would not be considered fair use. She would need to obtain prior authorization to use it. Even if all of the elements within this teacher's booklet were considered appropriate under the fair use provision, copying these works may not be done to create, replace, or substitute for anthologies, compilations, or collective works that already exist.
A number of students take digital pictures of local streets and businesses for their Web projects. These are permissible to post online.
You may use the images in projects and post such images on the Web. Some sites, like Disneyland and architectural landmarks, may be considered copyright material, however, and might ask you to remove the image. People (not selectively chosen) in public places are as a rule OK in photographs.
A middle school science class studying ocean ecosystems must gather material for multimedia projects. The teacher downloads pictures and information on marine life from various commercial and noncommercial sites to store in a folder for students to access. This is fair use.
The Web may be mined for resources. Download away (of course, don't hack into subscription sites)! But remember: you can't put these projects back up on the Web without permission from the copyright holders
A technology coordinator downloads audio clips from MP3.com to integrate into a curriculum project. This is fair use.
MP3.com pays for its archives, so the material there is legitimately acquired. Be wary of some of the other peer-to-peer sites. (You can also check copyright ownership at www.loc.gov or www.mpa.org.). www.loc.govwww.mpa.org www.loc.govwww.mpa.org
A student downloads 10 pictures from various Web sites for his science presentation. On the last slide, he lists the Web addresses where he obtained the information and images.
It is within fair use for the student to download 10 pictures from various Internet sites for a school project. Copyright laws and the fair use provision do not indicate how one would cite one's sources. However, the Fair Use Guidelines for Educational Multimedia state that the student would need to include complete reference citations, not just the URL source
A student downloads her favorite song to play as background music for a multimedia project. The presentation will only be shown in the classroom.
First, for fair use, the music must be legally obtained. The student downloaded a copy of the song that she did not pay for. In addition, an entire song is beyond the recommendations of the Fair Use Guidelines for Educational Multimedia.
A Government/Civics teacher tapes the presidential debates and plays the tape in his class the following week. He uses the same tape for the next three years.
The first use (showing the debate within 10 days of its public broadcast) would be acceptable under fair use (according to Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes created by a Congressional committee). However, using it beyond that time, unless the copyright holder allows it, is beyond fair use. After using it in the classroom within 10 days of its public broadcast, the teacher should either ask permission or pay for a copy of the videotape to continue showing it in his classes.